Demand Letter 2-Plaintiff to Adjuster
This letter concerns a personal injury claim arising out of an injury that occurred on ________, and involving your insured. This injury transpired when an automobile driven by your insured rear ended a vehicle driven by claimant. The purpose of this correspondence is to determine whether this matter may be settled in advance of the filing of a lawsuit. Our client suffered musculoligamentous injury to her neck and back.
The following brief summary of facts will be presented in the event this case proceeds to trial.
__________ was born (date), in (place). Text to include details of Plaintiff's life, activities, personal, social, employment history.
II. PRIOR MEDICAL CONDITION
______________ went through childbirth in 1975. In 1995, she hurt her lower back, went to physical therapy and recovered. She did not injure her head, eyes, neck, upper back, arm or jaw prior to this accident.
III. THE ACCIDENT
On (date), Claimant was lawfully operating her Mustang coupe automobile northbound on the freeway and was at a complete stop or almost a complete stop behind a line of traffic which was at a stop or almost a stop due to rush-hour traffic conditions. Your insured was negligently operating a Dodge pick up truck also northbound on the freeway, and improperly traveling at an excessive speed. He failed to observe the conditions of the roadway, colliding violently into Claimant's stopped Mustang which in turn collided into the preceding stopped vehicle.
Claimant remembers whipping back and forth, hitting her head on the steering wheel, then sitting, immobilized by shock.
Claimant began to vomit while waiting in the emergency room. She was cursorily examined and diagnosed with cervical and thoracic strain. As soon as she was able she went to her regular physician, reporting head, ear, jaw, neck, shoulder, chest wall, and rib cage pain. Pain medication and a neck collar were prescribed. She was told to be off work for two weeks and remained on bed rest. Claimant was treated later and continued to treat with her physician, attended PT, underwent an MRI, and resorted to acupuncture.
V. CURRENT CONDITION
Claimant's main residual is neck pain. Her neck periodically makes a "grinding sound." When she reads, she still wears her neck brace. She is consulting with her doctor to see if anything more can be accomplished to relieve these problems.
VI. MEDICAL SPECIALS
General Medicine Clinic
Orthopedic consult and care
Magnetic Resonant Imaging
VII. WAGE LOSS
Claimant did not work at all for approximately 10 days immediately following the accident. Thereafter she worked for only a few hours a day for the next several weeks. Wage loss as a result of the accident is calculated as follows:
A. 10 work days following accident = 80 hours × $21.91 = $1,752.80
B. 3 weeks thereafter worked 3 to 4 hours per day, will calculate conservatively using the more generous amount = 15 days × 4/hrs/day × $21.91 = $1,314.60
C. Total wage loss $3,067.40
This case involves admitted liability against the tortfeasor. In terms of damages, Claimant suffered significant injury following the accident, from which she has made a determined recovery. She refuses to remain victimized by the consequences of the accident and self-limits her activities. Medicals and wage loss amount to $8,585.97
We therefore assess the settlement value of this claim to be $. Allstate Insurance Company has advised us that the insured has $25,000 in coverage. We therefore recommend settlement of this claim in the amount of policy limits subject to the consent of her UIM carrier. Said offer will be extended for a reasonable period of time in order for you to review this matter. If we do not receive a response to said settlement offer prior to 90 days before the discovery cutoff, such recommendation will automatically lapse and terminate. In that event, we will proceed with preparation for trial. We will pursue the full amount of damages associated with this claim and anticipate collection of an excess verdict.
We thank you for your continued courtesies in this case and look forward to a timely settlement proposal from your client and his insurer.
Very truly yours,